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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is an owner of share 907/2,106 out of the total area of 2,106 square meters before Pyeongtaek-si C (hereinafter “instant land”).
B. On April 16, 2010, a loan transaction agreement was concluded with the Defendant to obtain a loan of KRW 600 million from the Sick Credit Union (hereinafter “Sick Credit Union”) (hereinafter “Sick Credit Union”), and D jointly and severally guaranteed the instant loan obligations up to KRW 780 million on the same day.
C. On April 16, 2010, the Plaintiff, E, and D, the owner of the instant land, entered into a mortgage agreement with the D branch of the D branch of the C branch of the C branch of the D branch of the D branch of the D branch of the D branch of the D branch of the D branch of the D branch of the D branch of the D branch of the D branch of the D branch of the D branch of the D branch of the D branch of the B amount of KRW 780,000,000,000. At the same time, the Plaintiff, E, and D (hereinafter referred to as the “instant land”).
After that, as the Defendant did not repay the Defendant’s obligation to the instant loan against the Byung branch, the Byung branch applied for a voluntary auction of the instant land on the basis of the said right to collateral security, and on January 3, 201, the Suwon District Court rendered a voluntary decision to commence auction to H on the ground that the instant land was sold at the auction procedure, and the ownership transfer registration was made on November 14, 201.
E. During the above auction procedure, the KOF received dividends of KRW 780,000,00,000, which is the maximum debt amount, and the Defendant received dividends of KRW 27,546,675, which is the remainder after deducting dividends, etc. from creditors, as a surplus.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3 (including virtual numbers), Eul evidence No. 4-1 and 2, the purport of the whole pleadings
2. Determination
(a) If the mortgager who has created a mortgage to secure the obligation of another person to determine the cause of the claim has discharged the obligation or has lost ownership of the mortgaged object due to the exercise of the mortgage.